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Bowe Bergdahl be the Democrats albatross

Laws and Legislation Prisoners and Detainees Theft Afghanistan

The controversy over the trade of five Taliban prisoners for Army Sgt. Bowe Bergdahl continues to grow with allegations that President Barack Obama violated federal law and paid too high a price for the release. However, the biggest problem for the White House may not be the Taliban (including one released prisoner who said he wants to immediately rejoin the fight against America) but what to do with Bergdahl now that we have him back. Bergdahl is facing allegations that he not only deserted in June 2009, but may have collaborated with the enemy. If he faces a military trial, the White House could be looking at years of legal wrangling and a defense that might resemble another notorious case that began 40 years ago that of Patti Hearst.

The facts of Bergdahl's disappearance remain sketchy. While he previously stated that he had lagged behind a patrol and was captured, the Pentagon concluded that Bergdahl walked away from this base voluntarily. If true, that would make him vulnerable to a charge of being absent without leave. However, the allegations are far more serious. While the White House has said that Bergdahl tried to escape from his captors, various journalists are reporting that Bergdahl may have sought contact with the Taliban and may have been a collaborator, including times when he carried a weapon. One particularly serious allegation is that Bergdahl taught the "Anadrol 50" Taliban how to convert a cellphone into the base of an improvised explosive device. Those charges would expose Bergdahl to charges of desertion and even treason. operations in Afghanistan. In one email, Bergdahl reportedly wrote his parents that "life is way too short to care for the damnation of others, as well as to spend it helping fools with their ideas that are wrong. I am ashamed to even be (A)merican." He described his commander as a "conceited old fool" and his comrades as "the army of liars, backstabbers, fools and bullies."

To make matters worse (if that is possible), members of Bergdahl's unit insist that soldiers died looking for him though that claim remains under investigation.

A Bergdahl trial would only magnify the political costs for the Obama administration. The best political option for the White House would be to have Bergdahl "separated" from the service for mental and physical health problems. A trial would draw obvious comparisons to a prior case like that of Marine Pfc. Robert Garwood, convicted of aiding the enemy in the Vietnam War. In Garwood's case, there was no allegation that he left voluntarily or sought out the enemy. However, while prisoners were released in 1973, Garwood did not return to the United States Bivirkninger until 1979 and faced allegations of collaboration, including working for the Vietnamese as a mechanic and other roles in unguarded facilities.

However, the strongest parallel may be to the trial of Hearst, heiress to the Hearst newspaper fortune. After being kidnapped in 1974 by the Symbionese Liberation Army, Hearst appeared in a tape in 1974 announcing that she had joined the SLA and assumed the name "Tania" after the nom de guerre of Haydee Tamara Bunke Bider, a communist guerrilla and one of Che Guevara's comrade in arms. Hearst was captured on film 12 days later, holding a M1 carbine while robbing a bank in San Francisco.

After her arrest, Hearst refused to give evidence against the SLA members but insisted that she was brainwashed. The defense fell short and Hearst was convicted of bank robbery in 1976 and sentenced to 35 years of imprisonment. President Jimmy Methenolone Enanthate Effects Carter later commuted her sentence to two years, and she was eventually granted a full pardon by President Bill Clinton in 2001.

The military laws and culture make it difficult to advance a Stockholm Oral Turinabol 10mg syndrome defense where a captive identifies or bonds with his captors. The rules governing prisoners of war require them to maintain discipline and to continue to resist the enemy while in captivity. POWs are forbidden from aiding the enemy. What looks like Stockholm syndrome to the public looks like collaboration to the military.

That leaves a mental illness defense or a type of post traumatic stress disorder defense. Bergdahl reportedly was traumatized after seeing an Afghan child run over by an armored fighting vehicle. (Notably, one account also states that Bergdahl was held in a small metal cage after trying to escape.) That could be enough as a foundation for a claim of mental diminishment, particularly when combined with grueling captivity at the hands of the Taliban. However, it is the type of claim that did not work for Garwood or Hearst, and PTSD is more of a recognized medical condition than a legal defense.

No matter how this unfolds, the Bergdahl controversy is likely to get worse for the White House before the fall election. Bergdahl may prove to be everything that Republicans wanted Benghazi to be. And they do not have to do a thing.

Jonathan Turley is a law professor at George Washington University and 4-chlorodehydromethyltestosteron has handled military and national security cases as criminal defense counsel. About Us Brand Extra Mobile/Social Site map Terms Privacy Policy Site Feedback News Breaking News Investigates Blogs Nation World Crime Politics Weather Education Environment Lottery Data Obituaries Maryland WeatherMaryland PoliticsInside EdMaryland in photosMaryland mugshots in the newsLocal Baltimore City Baltimore Co. Anne Arundel Carroll County Harford County Howard County The Aegis Towson Times Death notices Bringing Christmas spirit aim of these seasonal workersHarford's Slutzky rescinds new security policyRavens Latest Stories Mike Preston Report Cards Schedule Photos Stats Talk Forums Cheerleaders Ravens Review Ravens InsiderSports BlitzPreston grades Ravens' win over JaguarsRavens cheerleadersSports Orioles Ravens Terps Latest Stories Varsity NCAA Football NCAA Hoops Lacrosse Soccer Outdoors Talk Forums Orioles InsiderRavens InsiderSports BlitzTracking the TerpsVarsity LettersSchmuck Stops HereRing PostsArmy vs. Results Maryland PoliticsPhotos: The path to the Nov. 4 electionExplore election resultsObituaries Death Notices By Town Submit obit December obituariesPhotos: Notable deaths in 2014Business Real Estate National News Jobs Top Workplaces Federal Worker Consumer BlogWonk BlogThe ArmouryBaltimore's Top Workplaces 2014 partyBaltimore's top large employers for 2014Entertainment b the site Holiday Guide Events Celebrities Food Dining Music TV Media TV Listings Movies Movie Times Arts Books Sun Magazine Games Comics ArtsmashBaltimore DinerMidnight SunTV LustZ on TVHoliday GuideOnly in BaltimoreLifestyle Home Garden Travel Md. Family Gay in Md. Fashion Scene Casinos Ches Home Pets Weddings Horoscopes Baltimore InsiderGay MattersRetro BaltimoreUnleashedGift guideGlimpsed: fashion forward localsOpinion Reader Letters Op Eds Columnists KAL Cartoons Ed Cartoons Reader Polls Talk Forums Jonathan Gruber should have been Time's Person of the YearTorture is 4-chlorodehydromethyltestosteron not a partisan issueMaryland in photosMaryland mugshots in the newsPhotos SunShots Instagram Buy Comprar Levitra Photos The DarkroomWarhammer gaming for charityHoliday lights across the globeHealth Health Reform Med/Sci Local Fitness Breast Cancer Ask the Expert Top Doctors Picture of Primobolan Real HealthB GreenHealth Professionals on the Move: December 2014Sun coverage: Ebola in the newsMarketplace Sun Store Bmore Shopping Local Business Deal Here Public Notices Sun Print Ads Local Ads Spec. Section Classifieds Media Kit Place An Ad About Our Ads Jobs Real Estate Cars ForSaleByOwner Place An Ad General serv. Tour The Site Member Center Place an ad Newsroom Submit tip Submit release Submit obit Submit photos Submit event Submit letter Submit op ed Commenting Site feedback Community news Licensing General serv. Tour The Site Subscribe Missed paper Login help Vacation stop Dig. Edition SunInsider SunPlus Search archive Reprints Publications History Executive Bios Events Internships Apps Text alerts Facebook Twitter Instagram